Bases para una propuesta de reforma en materia de delitos contra la salud pública y de responsabilidad por el producto

Abstract

This paper reflects –with adjustments that in each case will be highlighted– the contents of the report and regulation-proposal on crimes against public health and product liability issued by the author on request of the Chilean Criminal Code Drafting Commission (Chilean Justice Department, 2013-2014). The proposal was intended to serve as an input for the Commission’s discussion and drafting process. Substantive aspects of the author’s proposal were adopted by the Commission in its preliminary draft, which afterwards would become the New Criminal Code Bill, submitted to Congress by the Executive on March 10, 2014 (Mensaje, Boletin No. 9274-07). Beyond its potential use for future reforms (a relevant one is precisely ongoing) this paper is of interest as it offers a quick look at the kind of problems and shortcomings posed by §14 on “Crimes against public health” of Book’s Two Title VI of the yet in force Chilean Criminal Code (sections 313a-318), a paragraph briefly discussed among Chilean scholars. The uncertain scope of the false personation of medical staff crime (section 313a); the uncertain criminalization of authentic product liability hypothesis (and infringement of recall and warning duties); the uncertain and limited scope of manufacturing and distribution crimes (on the matter of material objects); and the problematic rule that aggravates criminal liability because of pure results or consequences (section 317), are all problems and shortcomings which, among others, emerge from an examination of §14, as can be appreciated through the author’s explanation of the various regulation proposals.